Phoenix DUI Lawyer Blog

A Good Tempe DUI Attorney will fight to dismiss your DUI charges

"Hiring a private practice experienced Tempe DUI Defense Attorney, can mean the difference between a conviction or total dismissal if your DUI charges".

If you face Tempe DUI charges, you need to hire a Tempe criminal defense attorney or DUI Lawyer who defends all kinds of DUI charges on a regular basis. Make sure your Arizona DUI Lawyer is an experienced trial lawyer, who knows the laws well,
including all the newest and changing laws; breath and blood testing issues; but most importantly understands what defense strategies and methods can be used to fight your charges and a conviction based on your Tempe DUI circumstances.

Choosing a Tempe DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever make. There are many questions you should get answers to, before making a decision as to which Attorney you will hire to defend your case. These are cited in detail within the Winning Defense Strategies Book Series "#1 Arizona DUI Defense", written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak and can be downloaded for free at
www.arizonacriminaldefenselawyer.com.

The impacts of a Tempe DUI conviction are severe and can adversely effect you for years to come. Even a first time Arizona DUI misdemeanor conviction, with no prior criminal record, has severe punishments. You have too much to lose, not to hire a good DUI Attorney to represent you and fight your charges. Adverse impacts include effects or loss of job or job opportunities, loss of driver's license, drain on finances with fines and fees, mandatory incarceration in county jail, and even court ordered interlock device (at your expense) on your vehicle which requires you to prove you have not been drinking before your automobile will start.

The Arizona prosecution does not care who you are, what you do, or how your family or job will be affected by a conviction. They will simply pursue your DUI conviction relentlessly. They work closely, with the police to get it. They do not care if the charges are justified or if your constitutional rights were violated during the process. The job of the prosecution is not to protect you or minimize the impacts of a conviction on your life. A Judge can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. Attempting to tell your side of the story to the Judge on your own will not have favorable effect on your situation. In fact, what you innocently think may be helping your case, may actually be used against you. The Judge does not have authority to dismiss the case until a proper Legal defense challenge is made on your behalf by your Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. The chances of getting your DUI dismissed, an acquittal or favorable verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none. The court system as strict rules and guidelines it must follow. You will need a strong Tempe criminal defense attorney or DUI lawyer to defend your case and fight for your rights and freedom. Your Tempe DUI Attorney to build a strong defense for your case. You need someone you can call for answers to questions, someone who will challenge the evidence, protect your constitutional rights, to fight to get your case dismissed, charges reduced, or otherwise the best outcome in your favor. The chances of any of these favorable outcomes are drastically reduced to none without the retention of a private Tempe Criminal or DUI defense Lawyer who does this day in and day out. A Tempe DUI has many factors which must be evaluated. Every one is different and holds its own set of circumstances. There is no cookie cutter defense. Such factors include violations of your Constitutional rights, the reason for the stop, the police officer's handling of the case, proper crime lab testing methods, proper implementation of field sobriety tests, and more. There are many factors in a case that can be challenged to your favor. But you will not get the benefit of having these factors examined and challenged without the right Tempe Criminal Defense Attorney. The judge and prosecution will look at your case through the mind of prosecution only, not in your defense. Hiring a private practice experienced Tempe DUI Defense Attorney, can mean the difference between a conviction or total dismissal if your DUI charges.

If you have been charged with any Mesa, Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Tempe Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Tempe DUI Lawyer " »

What You Can Do To Help Get Your DUI Charges Dismissed!

If you face Chandler DUI charges, you will need an experienced DUI attorney or Criminal Defense Attorney who defends DUI cases on a regular basis in Chandler Arizona. There are also things you can do with the guidance of your Chandler criminal attorney, to take control your Chandler DUI charges. Yes there are things you can do to help get your case dismissed, reduce the charges, or suppress evidence, and to build the most effective defense possible.

Here are just a few excerpts of "24 things" the third DUI Defense book from Arizona DUI Winning Defense Strategies Series by Author: James Novak, Chandler Criminal and DUI Defense Attorney. It is entitled "Your 24 Hour Defense Action Plan * 24 hours * 24 things you should do following Your AZ DUI Arrest":

Consult a DUI Lawyer who defends DUI charges in Chandler, as soon as possible. Even for some attorneys, DUI charges can be difficult to defend due to the strict and often changing laws and the many facets involved with effectively defending a Chandler DUI charge. You will need a Chandler DUI Lawyer well versed in all such matters surrounding Chandler DUI Cases, defends them on a daily basis and has extensive DUI litigation experience, and knowledge of Chandler DUI Law. Chandler Criminal Attorneys and DUI Lawyers must possess the needed experience and education to know not only legislative and case law, but the principles of biology, alcohol physiology, and the flaws of the breath machine and blood testing process, roadside police investigation procedures, be familiar with the strict, and changing Chandler DUI laws, and the vast number and type of DUI defenses that can be used to defend your case, and get you a successful outcome.

Document in Some Form Details and Narrative of the Incident As You Recall It: Your Chandler DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Chandler drunk driving defense. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The sooner you do this the better. The further away from the event, the harder it will be to remember the details. Include everything leading up to the initial encounter with Chandler law enforcement stop. The more details you remember, the better the chances of you and your DUI lawyer identifying defenses that can be used, improve credibility of your story and testimony, and getting your case dismissed in Chandler. In particular the reason for the stop can be one of the most important factors in defending your case.

Food and Drink Prior to the Chandler DUI arrest: Include a description of your eating and drinking from over the 24 to 48 hours until the time of the stop. (including drinking while driving and/or especially drinking or eating after driving), where did you eat or drink, what did you eat or drink, how much, actual time of start to finish for each meal, and for each drink, duration from time of last drink time until you drove, and until the first police contact. How long was it from when you last drank until the time before you drove until the time of blood and/or breath tests took place? Where was the location of the stop and results of each breath or blood test?

Ambulance or Hospital records: If you were taken to the hospital or emergency Room, following an accident and the ambulance went to the scene or you went to the hospital obtain medical records from both entities. Because of patient privacy laws, it is usually faster for you to obtain the records from the medical provider including the ambulance records, than if a criminal defense attorney requests them.

Your Court Appearance: If you miss or fail to appear for your required court date and time, the court will immediately issue a warrant for your arrest. The court date and time is on your citation. This may change if you hire an experienced DUI attorney. Depending on the charges and circumstances, your Attorney may be able to vacate that date or otherwise appear on your behalf. Your DUI Attorney will let you know far enough in advance as to whether or not you will still be required to appear. There are many courts throughout the State. Be sure you know the location, time, and date. Again, if you have not retained an Attorney, it is mandatory that you appear, or a warrant for your arrest will be issued. If you are required to appear, don't be late. Depending on how late you are, a warrant may be immediately issued for your arrest. Even if you are just a few minutes late, the judge and prosecution frown upon this. Tardiness for any reason is considered to be disrespectful of your charges, their time, and their dockets. Being late for your court appearance sends a message to them that you are not taking the DUI charges seriously, which may effect your case unfavorably.

Contact the Arizona MVD For Your Hearing: In most cases the Chandler police will take your driver's license and gives you a pink carbon copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. Note: You have only 15 days from the date you received the notice (usually the arrest date, but not always) to request an MVD for a hearing (it's called an Admin Per Se hearing). This MVD suspension or revocation is otherwise automatic on the day your pink license expires, and is entirely different from the criminal court's proceedings. The MVD matter is more like a second civil matter in and of itself, separate from your criminal charges. So there are two entities to deal with: The State or County Court and Prosecution and then the State Motor Vehicle Department (MVD).

Communication is Key: One of the questions you will want to ask when you look for Chandler DUI Lawyer is "With whom will I be communicating with on a regular basis?" The Chandler DUI Attorney must be familiar with all the details surrounding your case. You need an open line of communication with them throughout your case, whether you have for questions, or need status or updates of your case, court dates, or if the Attorney needs to clarify something or needs other documentation you can provide for your defense. If you have hired an attorney, with whom you feel you can not get through to whe1n you call, or have difficulty communicating with, or do not have a professional comfort level with your case may be destined for failure. This is a major factor to consider, if and when you decide to hire a Chandler DUI lawyer.

If you have been charged with any Chandler DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Chandler Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Chandler Criminal Defense, and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "CHANDLER DUI DEFENSE" »

How the Best Criminal Defense Attorneys Beat Mesa Marijuana charges

A Mesa criminal defense attorney can help you beat your Mesa Marijuana sales charges. If you face Mesa Marijuana (Pot) sales charges, you should consult a Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges in Mesa, Arizona on a regular basis. If convicted, you will be subject to serious penalties. Mesa Marijuana sales charges fall within the State of Arizona Criminal Code 13 sentencing guidelines for Marijuana sales, Marijuana trafficking and Production:

Sale of Marijuana
• Under 2 lbs.: Class 4 felony;
• between 2-4 lbs.: Class 3 felony;
• over 4 lbs.: Class 2 felony: fine of the greater of $750 or 3 times value of substance;
• Sale within drug-free school zone: add 1 yr. to sentence and fine of $2000

Trafficking/Producing Marijuana
• less than 2 lbs.: Class 5 felony;
• between 2-4 lbs.: Class 4 felony;
• Over 4 lbs.: Class 3 felony;
• Transporting/importing: less than 2 lbs.: Class 3 felony; Over 2 lbs.: Class 2 felony

Arizona Criminal Code 13 comprehensively outlines Marijuana laws in "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification"

Penalties for Mesa Marijuana drug offense convictions depend on many factors which include:

• The quantity of Marijuana found for sale or intent to sell
• Your prior criminal record
• Prior Marijuana convictions
• The strength of the prosecution's evidence against you regarding the Marijuana charges.

The most serious Marijuana crimes in Mesa are in that of production, manufacturing, or sales of Marijuana in Arizona. Possession of drugs with " intent" to sell or distribute them is also a serious crime. The Arizona prosecution will try to establish that you intended to sell or distribute by the quantity of the drug you possessed. This is a fact, whether or not you did or did not actually distribute or sell or intend to do so. A Mesa Arizona conviction of Marijuana sales, production, or distribution, can result in mandatory term jail or prison sentences depending on the factors above and other circumstances surrounding your charges. Mesa felony drug possession, trafficking, sales or distribution carry the most serious penalties, fines, incarceration, probation, community service, counseling and other penalties if convicted.

What an Experienced Mesa Marijuana Defense Lawyer Can Do
It is important that you contact a private Arizona Drug Defense Attorney or Marijuana lawyer who defends these types of charges in Mesa on a regular basis. A good Mesa Criminal Attorney will gather all the evidence, and investigate further to build a strong defense. This is necessary to challenge the Arizona Prosecutor's case against you. Your Mesa criminal attorney will make sure your constitutional rights have not been violated. Violations of constitutional rights are common in drug sales cases, particularly in the pre-investigation state of search and seizure of the Marijuana by police. If your rights have been violated, the case may be dismissed or evidence suppressed. A Mesa criminal defense attorney will make sure you are treated fairly, and do everything possible to get your charges dismissed in any event. If not, they will work to reduce your charges to lesser ones, or in the least, get the best possible outcome in your case. With a Mesa criminal attorney your chances of getting the best outcome in your case will significantly increase.

If you have been charged with any Mesa, Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Arizona DUI, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa, Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "MARIJUANA LAWYER " »

Fight Your Phoenix Marijuana (Pot) charges

If you have been charged with any type of Phoenix Marijuana (Pot) sales charges, you should consult a Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges on a regular basis. If convicted, you will be subject to serious punishment. Arizona is convicted to prosecuting drug sales of all kinds, including Marijuana.

Phoenix Marijuana sales charges fall within the following Arizona sentencing guidelines for Marijuana sales, Marijuana trafficking and Production:

Sale of Marijuana
• Under 2 lbs.: Class 4 felony;
• between 2-4 lbs.: Class 3 felony;
• over 4 lbs.: Class 2 felony: fine of the greater of $750 or 3 times value of substance;
• Sale within drug-free school zone: add 1 yr. to sentence and fine of $2000

Trafficking/Producing Marijuana
• less than 2 lbs.: Class 5 felony;
• between 2-4 lbs.: Class 4 felony;
• Over 4 lbs.: Class 3 felony;
• Transporting/importing: less than 2 lbs.: Class 3 felony; Over 2 lbs.: Class 2 felony

A good Phoenix Marijuana Criminal Attorney can fight to get you fair treatment in court and work to minimize the impact these charges can have on your life. Arizona Criminal Code 13 comprehensively outlines Marijuana laws in "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification"

Penalties for Phoenix Marijuana drug offense convictions depend on many factors which include:

• The quantity of Marijuana found for sale or intent to sell
• Prior criminal record
• Prior Marijuana convictions
• Strength of facts and evidence of Arizona drug offense

The most serious Marijuana crimes in Phoenix are considered that of producing, manufacturing, or selling in Arizona. Possession of drugs with the intent to distribute them is also a serious crime. The Arizona prosecution will try to establish that you intended to distribute by the quantity of the drug you possessed. This is true whether or not you did or did not actually distribute the Marijuana. A Phoenix, Arizona, conviction of such Marijuana sales, production, or distribution, have the potential to result in mandatory long term jail or prison sentences depending on the factors above and other circumstances surrounding your charges. Phoenix felony drug possession, trafficking, or sales carry the most serious penalties, steepest fines, incarceration, probation, community service, counseling and other court orders if convicted.

What an Experienced Phoenix Marijuana Defense Lawyer will do
It is important that you contact an Arizona Drug Defense Attorney or Marijuana lawyer who is defends these types of charges on a regular basis. A good Phoenix Criminal Attorney will gather all the evidence, and investigate further to build a strong defense needed to challenge the Arizona prosecution's case against you. Your private Phoenix criminal defense attorney will make sure your constitutional rights have not been violated. This occurs frequently in drug cases when searches and seizures of the Marijuana by police were involved. A criminal defense attorney will make sure you are treated fairly, and do everything possible to get your charges dismissed, reduced to lesser charges, or in the alternative get the best outcome in your case. With a Phoenix criminal attorney your chances of getting the best outcome in your case will significantly increase.

If you have been charged with any Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Arizona DUI, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "MARIJUANA LAWYER " »

Beat the Most Serious Marijuana Charges with a Good Tempe Marijuana Attorney

If you have been charged with selling Marijuana (Pot) in Tempe, your next call should be to a Tempe Marijuana lawyer, Tempe criminal defense attorney, or Tempe drug crimes defense attorney. If you are convicted, you will face serious sentencing and penalties. Tempe Marijuana offenses fall within authority of the State of Arizona Criminal Code 13 guidelines for Marijuana sales, Marijuana trafficking and Marijuana Production:

Sale of Marijuana
• Under 2 lbs.: Class 4 felony;
• between 2-4 lbs.: Class 3 felony;
• over 4 lbs.: Class 2 felony: fine of the greater of $750 or 3 times value of substance;
• Sale within drug-free school zone: add 1 yr. to sentence and fine of $2000

Trafficking/Producing Marijuana
• less than 2 lbs.: Class 5 felony;
• between 2-4 lbs.: Class 4 felony;
• Over 4 lbs.: Class 3 felony;
• Transporting/importing: less than 2 lbs.: Class 3 felony; Over 2 lbs.: Class 2 felony

Arizona Criminal Code 13 describes in detail Marijuana laws under "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification"

Penalties for Tempe Marijuana drug sales convictions depend on many factors. Some of those factors include the following:

• Amount of Marijuana found in your possession for sale
• Prior criminal record
• Prior Marijuana convictions
• The strength of the prosecution's case and evidence against you

The most serious Tempe Marijuana charges are those that involve production, manufacturing, or selling Marijuana in Arizona. Tempe Marijuana sales, production, or distribution, convictions carry mandatory jail time or prison sentences depending on the circumstances of your case. If you are convicted of Felony drug possession, trafficking, sales or distribution carry the most serious penalties, fines, fees, jail, prison, and other harsh punishments.

Possession of Marijuana with "intent" to sell or distribute is a punishable offense in and of itself. The State of Arizona prosecution will do everything they can to get a conviction. If they can not get enough evidence to prove you sold the Marijuana, they will attempt to establish that you intended to sell or distribute mainly by the quantity of the drug you possessed. Whether or not you did in fact or did intend to do so, they will try to make that case against you. Sound unfair? Maybe so, but true. Arizona wants drug convictions and prosecutions, and they will get them at the cost of your freedom, and future.

What an Experienced Tempe Marijuana Defense Lawyer Can Do
In order to beat any type of drug charges, especially the most serious offenses, you first need to hire an experienced Arizona Drug Defense Attorney, Tempe Marijuana lawyer or Arizona criminal defense attorney who defends Marijuana sales charges in Tempe Arizona frequently. A good Tempe Criminal Attorney will gather all the evidence, and investigate further to build a strong defense. This is necessary to challenge the Arizona Prosecution's case against you.

A good private Tempe criminal defense attorney will make sure your constitutional rights have not been violated. Violations of constitutional rights are common in drug sales cases, particularly in the pre-investigation state of search and seizure of the Marijuana by police. If your rights have been violated, the case may be dismissed or evidence suppressed. A Tempe criminal defense attorney will make sure you are treated fairly, and do everything possible to get your charges dismissed in any event. A good criminal defense attorney who handles Tempe drug sales cases regularly will be familiar with the constantly changing drug laws surrounding your offense; case law that may exist to support a favor verdict for your case; the appropriate defenses that can be used to defend your case; and familiarity with the courts system, judges and prosecution.

Your Mesa criminal defense attorney will use of these factors to your advantage in an effort to attempt to get your charges dismissed, evidence suppressed, or a reduction in charges and sentencing. Hiring a criminal attorney who defends drug cases in Tempe will significantly increase your chances of securing a good outcome in your Marijuana Drug defense case.

If you have been charged with any Tempe Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Arizona DUI, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Tempe Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "MARIJUANA LAWYER" »

15 Defenses That Can be Used to Beat Your Disorderly Conduct Charges

It is important to contact a Phoenix Disorderly Conduct defense attorney if you face Phoenix Disorderly Conduct, or an Arizona Criminal Attorney who frequently defends
Phoenix Disorderly Conduct Charges.

"Disorderly conduct" is also known as "disturbing the peace" and is a very common Phoenix Arizona criminal charge in Phoenix. Police sometimes overuse it. Often it is used as a "catch all" charge. Generally, it is used if the police officer can not find a more appropriate charge for what they feel has been annoying or disruptive behavior. It is a very subjective charge so it can be fundamentally challenged by a good Criminal Defense Attorney who practices in Phoenix, Arizona.

Many different circumstances can warrant the police to issue disorderly conduct charges for what Arizona sees as a crime committed under the following circumstances (this list is not exhaustive):
• Engaging in physical violence
• Offensive speech to other person (s)
• Playing music too loud a party
• Disruptive or loud celebrations
• Engaging in a fight or combative activity with another
• Making any other type of "unreasonable" noise which disturbs others
• Making disturbance by shouting or use of profanity in public
• Provoking another person into an altercation
• Behavior that disrupts or interferes with a business or it's customers
• Refusal to depart from a scene or location, where you were asked to leave by civil authorities such firefighters or other emergency crews.
• Recklessly displaying or waving a firearm, which frightens others.
• Being disrespectful, or disobedient to a Police Officer, or other law enforcement.

The formal description of Disorderly Conduct is found in "Arizona Criminal Code "A.R.S. 13-2904. Disorderly conduct; classification"

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry a potential of up to 6 months in prison and fines of $2,500. If the Phoenix Disorderly conduct charges involve firearm, they will be charges as a class 6 felony charges. Felony disorderly conduct carry maximum sentencing penalties that include, one year in prison, and a felony criminal record, counseling, loss of right to bear firearms, probation, and other fees. The severity of the penalty depends on the circumstances of situation, whether or not a weapon was involved, if it was a repeat offense, and other factors.

What a Phoenix Disorderly Conduct Attorney can do for You.
A good Phoenix Disorderly Conduct Attorney with gather, and examine all evidence. They will build and mount the best defense case that will challenge the prosecution head on. The police and prosecution have the burden of proving that the charges were well founded and justified. Your Phoenix Criminal Defense Attorney will make sure your constitutional rights were not violated during the events, arrest and thereafter. They will evaluate probable cause, justifiability of your actions, and formulate a defense based on these factors. Here are 15 defenses that can be used to beat your Phoenix Disorderly Conduct charges. This list is not exhaustive:

1) You were protecting a loved one
2) You were not the one causing the disturbance
3) There were no other witnesses, no evidence, no proof, no reports by the public of disturbing behavior on your part
4) The police officer's behavior was provocative, threatening, or intimidating
5) The police were mistreating you or a loved one and you acted appropriately and not disrespectful according to witnesses, video, or voice recording
6) Police brutality against you
7) The police officer simply did not like you, or the way you responded, and had nothing else to charge you with
8) Your responses were constitutionally protected in the right to "free speech". You were not using so called "fighting words" that would provoke physical retaliation, nor was your tone inappropriate.
9) The police accused you of having "an attitude" against him. However, the police will be forced to testify that he or she is not familiar with your normal personality characteristics and your typical facial expressions, sound of your voice, or attitude in a perfectly normal situation.
10) Your actions were in self-defense
11) Your Constitutional Rights were violated.
12) Objective and credible witness statements contradict what the police accused you of saying or doing, and there is not other evidence to dispute the witness statements.
13) The police officer has a history of disciplinary actions due to abusive or bullying behavior. In contrast, you have no criminal records, no history of being in trouble, or being disrespectful in public, and no cause or evidence exists of such.
14) You were reported as being in a physical fight with another person, but witnesses testify that the other party started a fight, that you did not provoke in any way. Further, you had no alternative but to protect yourself, and subdue the offensive.
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S.
13-2904. Disorderly conduct; classification"

If you face disorderly conduct charges in Phoenix Arizona, it is best that you contact an experienced Phoenix criminal attorney or Phoenix Disorderly Conduct Attorney. Too much is on the line. An experienced disorderly conduct attorney or good Phoenix criminal attorney often can get these cases completely dismissed, given the subjective nature of disorderly conduct charges.

If you have been charged with any Phoenix Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Phoenix Disorderly Conduct " »

Defending Gilbert Marijuana Possession

If you face Marijuana possession charges, you should contact a Marijuana Lawyer who defends Gilbert Marijuana charges or defends Marijuana charges in Gilbert, Arizona as soon as possible. Marijuana Possession, as simple as it may seem, is serious in the eyes of the Arizona prosecution.

Penalties for possession Marijuana in Arizona will depend on the amount that was found in your possession. Other factors include intended purpose for which you possessed it, and if the crime was a repeat offense.

In general, sentencing for charges of possession of Marijuana charges in Gilbert are
outlined below:

• Under 2 lbs: Class 6 felony;
• Between 2 and 4 lbs: Class 5 felony;
• 4 lbs. and greater: Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

Marijuana classifications and penalties are strictly described under Criminal Code 13 - A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

If you face possession charges, in absence of intent to sell or other purpose besides simple use, you may be eligible for deferred prosecution. This means you may qualify
for what is better known as a "second chance" from the court. It requires that you complete a probationary period. If the probationary period, and all other orders by the court are satisfied successfully, the case may be dismissed. But if the probationary period and any other court orders are violated, you could face original potential sentence by the prosecution for the crime.

A good Gilbert Marijuana Lawyer or drug charges Attorney who frequently defends drug charges in Gilbert should do everything possible to get the deferred prosecution, dismissal of the charges, reduction to lesser charges or otherwise best possible outcome in your case.
If you have been charged with any Gilbert Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Tempe, Arizona DUI, Gilbert, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "GILBERT MARIJUANA LAWYER" »

15 Defenses

How to Beat Your Gilbert Disorderly Conduct Charges

If you face Gilbert Disorderly Conduct charges you should contact a Gilbert Disorderly Conduct attorney or Arizona Criminal Defense Attorney who frequently defends clients against Gilbert Disorderly Conduct Charges.

"Disorderly conduct" also known as "disturbing the peace" is a Gilbert Arizona criminal charge. Many Arizona Criminal Attorneys feel it is an abused or overused charge. Police often used as a "catch all" charge, generally, if they can't find a specific offense to charge you with, or if they are annoyed with you for some reason. It is also commonly issued in conjunction with other charges such as assault, DUI, domestic violence, endangerment, many other offenses. Because it is a charge that is subjective in nature, it can fundamentally be challenged by a good Criminal Defense Attorney who defends charges in Gilbert Arizona on a regular basis.

Some actions that may cause the police to charge you with disorderly conduct in Arizona can include but is not limited to the following:

• Speech that others consider offensive
• Loud Music
• Disruptive parties or celebrations
• Physical violence or assault
• Fighting or combat with another person
• Other "unreasonable noise disturbing others
• Shouting or using profanity in public
• Provoking an altercation
• Behavior interferes or disrupts a business or it's customers
• Refusal to depart from a scene or location, where you were asked to leave by an officials such as firefighters, police, or emergency crews
• Recklessly displaying or waving a firearm
• Disrespectful, or disobedient to a Police Officer, or other Law enforcement official.

The formal description of Disorderly Conduct is found in Arizona Criminal Code 13 A.R.S. 13-2904. Disorderly conduct; classification"

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry upwards of 6 months in prison and fines of $2,500. If the Gilbert Disorderly conduct charges involve firearm, they will be charges as a class 6 felony charges. If the disorderly conduct offense is charged as a felony, it carries maximum penalties that include one year in prison, a felony criminal record, counseling, loss of right to bear firearms, probation, and other fees. The severity of the penalty depends on the circumstances of situation, whether or not a weapon was involved, if it was a repeat offense, and other factors.

Gilbert Disorderly Conduct Defenses used by Criminal Defense Lawyers
An experienced Gilbert Disorderly Conduct Attorney with gather, and examine all evidence. They will build and mount the best defense case that will challenge the prosecutions case against you. The State and Prosecution bear the burden of proof that your charges were justified and a crimes was committed. Your Gilbert Criminal Defense Attorney will determine if your constitutional rights were violated, evaluate for probable cause, and the justifiability of your actions. Your Gilbert criminal defense attorney will a defense your case based on these factors.

Here are 15 defenses that can be used to beat Gilbert Disorderly Conduct charges. This list is not exhaustive:
1) Protecting someone
2) Wrong person charged for the disturbance
3) No witnesses, evidence, proof, no video, no recording, no other reports from the public regarding disorderly behavior on your part.
4) You felt provoked, threatened or intimidated
5) Your actions were necessary and appropriate for the circumstances
6) Police brutality
7) The police officer simply did not like you, or overreacted with no other charges
8) Your responses were constitutionally protected in the right to "free speech". You were not using so inappropriate language, provocation, voice tone, or threats of physical violence or retaliation.
9) The police accused you of having "an attitude". However, the officer, was not familiar with your typical attitude, or behavior under normal circumstances.
10) Self-defense (home, property, family or self)
11) Violation of Your Constitutional Rights.
12) Objective and credible witness statements contradict the police officers statements in absence of evidence.
13) The police officer's personnel record and disciplinary history and actions in similar circumstances.
14) Another entity started an unprovoked fight against you
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S.
13-2904. Disorderly conduct; classification"

It is important to contact a disorderly conduct attorney who practices in Gilbert Arizona, if you face such charges. An experienced disorderly conduct attorney or good Gilbert criminal attorney often can get these cases dismissed, given the subjective nature of the charges.

If you have been charged with any Gilbert Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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Arizona Criminal Defense, Laws and Penalties

"Never try to resolve the Domestic Violence charges your own... Any contact with the victim could result in additional charges. Contact an Arizona Domestic Violence Attorney first."

Like many crimes, Arizona is tough on domestic violence. Many think of domestic violence charges as something that "only happens to someone else". But the fact is that domestic violence crimes occur daily, in almost every neighborhood, in every city in Arizona, to people all around you. They just don't generally talk about it. For some, it happens when they least expect. If you receive Arizona domestic violence charges, you should contact an Arizona criminal attorney as immediately. The mistake many people make, after receiving Arizona domestic violence charges is that they try to resolve it own their own. Never try to resolve the Domestic Violence charges your own. Any contact with the victim could result in additional charges. Consult an Arizona Domestic Violence Attorney first. In addition, it makes no difference if the victim decides to drop the charges. After charges or an arrest has been made, only the State of Arizona's prosecution can drop or dismiss the charges. The victim or accuser can not simply withdraw their charges. That's the law. After being called to the scene they conduct their own investigation, and chose an action. Once they make the decision to charge or arrest you with a crime, you will need to fight it through the justice system. Anything else you say or do can be held against you or make matters worse.

Arizona domestic violence laws are outlined in A.R.S. Criminal Code 13 and cover a variety of crimes. Arizona defines domestic violence specifically within the following references:

"A.R.S. 13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure; notice

A. "Domestic violence" means any act which is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:..."

Domestic violence laws apply to spousal abuse, former spouses, partners, former partners, friends, acquaintances, any family members, children, elderly persons living with you, persons you are dating, persons with whom you have a child, and children and the list can go on. Domestic Violence crimes include any physical abuse, sexual abuse, mental abuse, harassment, custodial interference, fear or threat of violence, assault, and homicide.

Arizona treats domestic violence charges very seriously. To you, what may seem minor in nature, may be more serious than you realize and the punishments harsh if convicted. If you have been accused of an Arizona domestic violence crime it is important that you consult a Criminal Attorney experienced in defending domestic violence charges.

Arizona crimes covered under Domestic Violence offenses

Criminal offenses under the Arizona's domestic violence laws include:
• Assault - A.R.S. §13-1203
• Aggravated assault - A.R.S. §13-1204
• Child abuse - A.R.S. §13-3623
• Custodial interference - A.R.S. §13-1302
• Criminal damage - A.R.S. 13-1602
• Dangerous crimes against children - A.R.S. §13-705
• Disorderly conduct - A.R.S. §13-2904
• Elderly abuse - A.R.S. §13-3623
• Endangerment - A.R.S. §13-1201
• False imprisonment - A.R.S. §13-1303
• Harassment - A.R.S. §13-2921
• Harassment (telephonic) - A.R.S. §13-2916
• Kidnapping - A.R.S. §13-1304
• Order of protection violations - A.R.S. §13-2810
• Restraining order violations - A.R.S. §13-2810
• Stalking - A.R.S. §13-2923
• Surreptitious photographing - A.R.S. §13-3019
• Threatening and intimidation - A.R.S. §13-1202
• Trespass - A.R.S. §13-1502-04

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If your receive a conviction of domestic violence in Arizona, the state may revoke or limit child visitation rights, right to bear arms, and impose punishments of jail sentences, fees, fines, restitution, restraining orders, probation, counseling, and in the most serious cases long term or life prison sentences.

Domestic violence cases involving weapons or bodily injury to the victim are charged as felonies. If that is the case you could serve a lengthy incarceration in state prison. If the domestic violence crimes are charged as an Arizona misdemeanor, the punishment should not exceed 6 months in county jail. In Arizona, the domestic violence laws also require the defendant complete Domestic Violence Counseling Treatment program, such as Anger Management classes or therapy. In many cases, the court will prohibits the defendant from having any contact with the victim or returning to the location where the alleged offense occurred, in which many cases that happens to be your home. So on top of everything else, you won't be able to return home, without a police escort, or not at all, for certain on indefinite amount of time.

What an Arizona Domestic Violence Attorney Can do for You
You will need an experienced Arizona Domestic Violence attorney or Arizona Criminal Defense Attorney who is well versed at defending domestic violence cases. They will gather and examine all the evidence available and build a defense based on your unique set of circumstances. Once the police have charged you or arrested you, they are not likely to change their mind, based on what you have to say. Your Arizona Criminal Defense Attorney will be your voice, They will draw from their education, training, experience, litigation, case laws, Arizona laws, and aggressively challenge any charges that are unjustified, defend your constitutional rights, and make every effort to get your case dismissed , evidence suppressed or charges reduced for the best possible outcome in your case. That is the job of your Arizona domestic violence attorney.

If you have been charged with any Arizona Domestic Violence, domestic violence Assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Arizona Domestic Violence Lawyer " »

Phoenix Marijuana Possession

In order to fight your Marijuana possession charges, you should contact a Marijuana Lawyer who defends Phoenix Marijuana charges or frequently defends drug charges in Phoenix. Arizona Marijuana Possession crimes are the most common of all Arizona drug offenses.

The Penalties for Possession of Marijuana in Arizona depending mostly on how much of the substance is found in your possession by law enforcement officials and your intended purpose of having it.

Penalties for simple Possession of Marijuana in Phoenix:
• Under 2 lb is charged as a Class 6 felony;
• 2-4 lbs is charged as a Class 5 felony;
• 4 lbs. and over is charged as a Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

Marijuana offense charges, and penalties are outlined under Arizona Statutes Criminal Code 13 - Specifically, A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

If your charges were for possession only without the intention of selling, you may be eligible for deferred prosecution sentencing. This means you may be eligible for a second chance, so to speak, by the court. It involves a probationary time frame. If the probationary term and any other orders deemed by the court are fulfilled successfully, your charges may be dismissed. But if the probationary period and related orders are violated, you could be subject to the original potential sentencing for the offense. An experienced Marijuana Lawyer will do everything possible to obtain the deferred prosecution and dismissal of the charges.

Even if you do not qualify for deferred prosecution, your Arizona criminal attorney can still make every effort to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case, than would have been possible without one.

A good Marijuana Lawyer in Arizona will gather and examine all evidence available. They will build a strong defense on your behalf, based on the circumstances of your case. They will make sure your constitutional rights have not been violated in anyway from the pre-charge or pre-arrest stage to the present. A good Marijuana Lawyer will find the defenses that best suit your situation to challenge the prosecution's case against you.

If you have been charged with any Phoenix Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Tempe, Arizona DUI, Phoenix, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "PHOENIX MARIJUANA LAWYER" »

15 Defenses Good Scottsdale Disorderly Conduct Attorneys Use to Challenge Them

"Experienced Arizona Criminal Defense Attorneys can often get these cases dismissed".

If you have been charged with Disorderly Conduct in Scottsdale, you should consult a Scottsdale Disorderly Conduct attorney or an Arizona Criminal Lawyer who frequently defends clients against Disorderly Conduct Charges in Scottsdale, Arizona.

The terms "Disorderly conduct" are often used interchangeably with "disturbing the peace". Criminal Attorneys feel Disorderly Conduct Charges are overused citations. Often times, police use them as "catch all" charges, especially if they don't have anything else to charge you for. Sometimes they are simply just annoyed with you and want to charge you with something, anything. It is common to see it charged in conjunction with other offenses for example, DUI, domestic violence, or assault. Because of the subjectivity of disorderly conduct charges, they can be easily challenged by an experienced Criminal Defense Attorney who defends disorderly conduct charges in Scottsdale, Arizona on a regular basis.

Some offenses which result in disorderly conduct in Arizona can include such behaviors as follows: Speech that others consider offensive, loud music, disruptive parties, assault, fighting, shouting, use of profanity in public, provocation, disturbing the peace in a business or the peace of its customers, refusing to leave a location when asked by an owner, manager, or police, waving or endangering display of a firearm, disrespectfulness or disobedience toward a police officer.

Disorderly Conduct falls under Arizona Criminal Code 13, "A.R.S. 13-2904. Disorderly conduct; classification..."

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry upwards of 6 months in prison and fines of $2,500. If the charges involve a firearm, they will be charged as a class 6 felonies. A felony disorderly conduct charge carries maximum penalties that include one year in prison, a felony criminal record, loss of right to bear firearms, probation, and other penalties ordered by the court. The severity of the punishments depend upon the circumstances, and whether or not a weapon was involved, or if it was a repeat offense.

Scottsdale Disorderly Conduct Defenses
An experienced Scottsdale Disorderly Conduct Attorney will gather, and examine all evidence; and build the best defense based on the unique circumstances of your case. The State of Arizona and Prosecution bear the burden of proving disorderly conduct charges were justified. Your Scottsdale Criminal Lawyer will determine if your constitutional rights were violated, evaluate for probable cause, justifiability of your actions, and through the proper legal channels present your side of the story.

Here are at least 15 defenses that an experienced Scottsdale Disorderly Conduct Attorney may use to defend your case:

1) You were attempting protect someone who could not protect themselves
2) You were the wrong person charged (this often applies when groups of people or multiple persons are involved in civil assemblies that turn violent)
3) No witnesses, video, audio, or other evidence to prove you displayed disorderly conduct.
4) You acted under threat, provocation or intimidation.
5) The Necessity Defense
6) Police Brutality
7) No other justifiable reason for charges, other than the police officer was annoyed with you.
8) You were exercising your right to "free speech" under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion.
9) The police accused you of having "an attitude", with no proof or other justification. Were the police aware that you may suffer from a physical or mental disability, illness or syndrome that was mistaken for a "bad attitude"?
10) Actions were in self - or in defense, defense of home, property, or family
11) Other Violations of Your Constitutional Rights.
12) Objective witness statements overwhelmingly contradict the police officers statements
13) The police officer has a history of disciplinary actions in similar circumstances.
14) Someone else started the altercation
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification"

It is important to contact an Arizona disorderly conduct attorney who practices in Scottsdale, Arizona, if you face charges. Experienced Criminal Defense Attorneys can often get these cases dismissed".

If you have been charged with any Scottsdale Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale, Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Scottsdale Disorderly Conduct " »

Phoenix Arizona Criminal Defenses, Laws and Penalties

"Never try to resolve the Domestic Violence charges your own... Any contact with the victim could result in additional charges. Contact a Phoenix AZ Domestic Violence Attorney first."

Like many crimes, Phoenix Arizona is tough on domestic violence. Many think of domestic violence charges as something that "only happens to someone else". But the fact is that domestic violence crimes occur daily, in almost every neighborhood, in every city in Phoenix Arizona, to people all around you. They just don't generally talk about it. For some, it happens when they least expect. If you receive Phoenix Arizona domestic violence charges, you should contact a Phoenix criminal attorney as soon as possible. The mistake many people make, after receiving Phoenix Arizona domestic violence charges is that they try to resolve it own their own. Never try to resolve the Domestic Violence charges your own. Any contact with the victim could result in additional charges. Consult a Phoenix AZ Domestic Violence Attorney first.

A victim is prohibited from simply "dropping the charges" after the fact. Once charges have been cited or an arrest made, the State of Arizona takes over. Only the State's Prosecution or Court can drop, dismiss or acquit the charges. After you have been arrested, you are forced to fight it through the justice system. Anything else you say or do to the victim or police can be held against you or make matters worse. Especially in situations where police have been called to a scene or residence on more than one occasion, they feel they need to arrest "someone". If they can not decide which party to charge or arrest, they will sometimes just arrest both parties involved in a dispute, thus forcing both parties to defend their actions through the legal system.

Phoenix Arizona domestic violence laws fall under Arizona State Law A.R.S. Criminal Code 13. Domestic Violence law encompasses a long list of crimes. Arizona Law defines domestic violence specifically within the following references:

"A.R.S. 13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure; notice..."

Some think of "domestic violence" as a disruptive dispute between spouses only. But in reality domestic violence laws apply to and domestic relationship abuse, and can include former spouses, partners, former partners, friends, acquaintances, any family members, children, elderly persons living with you, persons you are dating, persons with whom you have a child, and children and the list can go on. Any situation can bear its own unique set of circumstances or domestic relationship. Domestic Violence crimes include any physical abuse, sexual abuse, mental abuse, harassment, custodial interference, fear or threat of violence, assault, and homicide.

Phoenix Arizona treats domestic violence charges very seriously. What may have started out as something minor in nature, may have become serious than you realized, and someone was hurt. If convicted of Arizona Domestic Violence, the penalties are harsh. If you have been accused of a Phoenix Arizona domestic violence crime it is important that you consult a Criminal Attorney experienced in defending domestic violence charges.

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If your receive a conviction of domestic violence in Phoenix Arizona, the state may revoke or limit child visitation rights, right to bear arms, and impose punishments of jail sentences, fees, fines, restitution, restraining orders, probation, counseling, a criminal record, and in some serious cases, long term or life prison sentences.

Domestic violence cases involving weapons or bodily injury to the victim are considered felonies by law. These convictions usually result in lengthy state prison sentences. If the domestic violence crimes are charged as a Phoenix misdemeanor, it is still a crime. But the penalties should not exceed 6 months in county jail. A conviction still results in a criminal record, fines, fees restitution, counseling, probation, and restraining orders and other punishments. Usually the main difference is the amount of fines and fees and the length of incarceration time. In Phoenix Arizona, the domestic violence laws also require the defendant complete Domestic Violence Counseling Treatment program, such as Anger Management classes or therapy. In many cases, the court prohibits the defendant from having any contact with the victim or returning to the location where the alleged offense occurred; in most cases that is where you normally live. So on top of everything else, you won't be able to return home; not without a police escort, or at all, for certain on indefinite amount of time.

Defenses that can be used in a Chandler Domestic Violence Case
Some defenses that can be used include but are not limited to the following:
• The actions were the result of self-defense
• The altercation was mutual
• No evidence exists
• No evidence of physical injury or harm to the victim exists
• No witnesses
• Credibility of the victim's character
• The facts prove the claims are unjust and unfounded
• State of mind of both the accuser/victim
• The defendant was not the person who committed the crime
• The defendant reacting to a threat or imminent physical danger
• The incident arose completely out of accidental nature
• The defendant was severely intimidated or provoked by the accuser
• The accuser's motives in making unfounded claims were questionable
• Necessity Defense
• The defendant stepped in to avoid harm, or imminent danger to a child or other defenseless person by the victim at the time
• Accuser under the influence of alcohol or drugs, causing their recollection or testimony to be incorrect
• In absence physical evidence, injury, weapons, or witnesses: the accuser refuses to testify; changes their story in deposition or in court; or has no recollection of events.

WHAT A PHOENIX DOMESTIC VIOLENCE ATTORNEY CAN DO
You will need an experienced Phoenix Arizona Domestic Violence attorney or Phoenix Arizona Criminal Defense Attorney who is well versed at defending domestic violence cases. They will gather and examine all the evidence available and build a defense based on your unique set of circumstances. Once the police have charged you or arrested you, they are not likely to change their mind, based on what you have to say. Your Phoenix Arizona Criminal Defense Attorney will be your voice, They will draw from their education, training, experience, litigation, case laws, Phoenix Arizona laws, and aggressively challenge any charges that are unjustified, defend your constitutional rights, and make every effort to get your case dismissed, evidence suppressed or charges reduced for the best possible outcome in your case. That is the job of your Phoenix Arizona domestic violence attorney.

Defend Your Scottsdale Marijuana
Possession Charges

In order to fight your Marijuana possession charges, you should contact a Marijuana Lawyer who defends Scottsdale Marijuana charges or frequently defends drug charges in Scottsdale, Arizona. Marijuana Possession offenses are the most common of drug charges seen in Arizona drug.

Penalties for possession Marijuana in Arizona depend on how much of it was found in your possession, as well as its intended purpose (use v. sale).

Certain amounts penalties will usually apply as follows for Possession of Marijuana in Scottsdale:

• Under 2 lbs: Class 6 felony;
• Between 2 and 4 lbs: Class 5 felony;
• 4 lbs. and greater: Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

Marijuana offense charges, and penalties are outlined under Arizona Statutes Criminal Code 13 - Specifically, A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

If you face charges simple possession, with no intent to sell, you may be eligible for deferred prosecution. This means you may be eligible for what is known as a "second chance" by the court. It involves a probationary period. If the probationary time frame and any other orders from the court are satisfied successfully, your charges may be dismissed. But if the probationary period and any other court orders are violated, you could be subject to the original sentencing for the crime.

An experienced Scottsdale Marijuana Lawyer or Attorney who frequently defends drug charges in Scottsdale will do everything possible, get you the deferred prosecution, dismissal of the charges, reduction to lesser charges or otherwise best possible outcome in your case.

If you have been charged with any Scottsdale Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Tempe, Arizona DUI, Scottsdale, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "SCOTTSDALE MARIJUANA LAWYER" »

Scottsdale Assault Lawyer will Fight Your Assault Charges

"There are two sides to every story. A Scottsdale Assault Defense Attorney will tell Your Side of the Story."

In Scottsdale, Arizona there are two classes of assaults-a "misdemeanor assault" and "felony aggravated assault". Each possesses a range of sentencing and penalties based on the circumstances of the charges. Scottsdale Arizona, views both of them as serious crimes. The Scottsdale Assault laws, and punishments are dictated by the assault laws of Arizona Criminal code A.R.S. 13-1203 - misdemeanor assault, and Arizona Criminal code A.R.S. 13-1204 felony aggravated assault.

If you were charged with an Assault of any kind in Scottsdale, AZ, you ill face harsh penalties if convicted. You should contact Scottsdale criminal defense or an assault Attorney who defends clients frequently in Scottsdale Courts. A Free Consultation from a Scottsdale Assault Lawyer is easy to find and very important. The following is short summary of the two assault types:

Scottsdale, Arizona Misdemeanor - Assault:
Misdemeanor Assaults are charged in Scottsdale when a defendant's actions caused a person bodily harm or fear of bodily harm; physical contact with another individual with the intent to cause bodily injury, or actually causing physical harm or injury to another; the intent to harm or provoke another person; intentionally placing another person in reasonable apprehension of imminent physical danger and injury; intentionally, knowingly, or recklessly causing physical harm to someone. If convicted, of a Scottsdale misdemeanor assault, sentences and penalties can include up to one year in prison, fines up to $2,500, fees and restitution to the victim or the victim's family.

Scottsdale, Arizona Felony- Aggravated Assault:
An Aggravated assault in Scottsdale, Arizona is a Felony. These are far more serious charges than misdemeanor assaults, and consequently penalties are extremely serious. Certain additional circumstances if presented, will elevate a misdemeanor assault up to a felony aggravated assault. Just some of those factors include but are not limited to the following: "serious physical injury" to another person, that creates a reasonable risk of death; use of a deadly weapon; if an assault is committed while the victim is restrained and not able to resist; if the assault causes substantial, temporary or permanent disfigurement; if the person commits the assault while violating a valid order of protection (restraining order); if the person attempts to gains control of a law enforcement officer's firearm or weapon; if the assault is against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor; if the person is eighteen years of age or older and the victim is fifteen years of age or younger. The penalties if convicted include among other serve punishment fees, and fines, restitution to the victim, lengthy prison sentences, long term felony criminal records that will following you adversely for the rest of your life.

Scottsdale Assault and Aggravated Assault Defenses:
Your Scottsdale criminal defense attorney will work with you to gain evidence, and build an effective defense. It is essential that you provide whatever details or information your attorney requests, in an effort to build the best defense case possible for your assault charges. The Attorney will then gather, evaluate, build and mount what they feel will bring you the most successful outcome in your case. Assault defenses can be complex. Your criminal defense attorney will draw from their extensive training, education, prior defense cases, litigation experiences, and case law that may exist and apply to your unique set of circumstances.

Here is a sample list defenses an experienced Scottsdale Criminal Defense Attorney might consider using depending on the charges and circumstances of the case
• You Feared for your life.
• Your actions were in self defense
• Your actions were in response to what you perceived was life threatening
• Circumstances surrounding State of Mind of both you and the victim
• Necessity Defense
• Lack of adequate evidence
• No witnesses
• No weapon used or found or proved to be used
• Other persons were involved in the altercation
• The assailant who hurt the victim was not you
• Questionable testimony by the victim - history of false allegations by the victim
• Your Constitutional Rights were violated during pre-indictment investigation, search, seizure or arrest.
• You were provoked or intimidation by the victim
• The situation was an accident, completing occurring outside your control
• The situation was unforeseen, or unexpected situation
• Proof that your prudently and actively did everything possible to help avoid threat, injury, or harm to the victim

There are two sides to every story. A Scottsdale assault lawyer will tell your side of the story. An experienced Assault Defense Lawyer understands your story is important, from your point of view. The attorney's job is to find out what defenses can be used based on your unique set of circumstances; protect your rights, freedom, and future; and in every case do what ever is needed to attempt to get the charges dismissed or in the alternative charges reduced, evidence suppressed, to get the best possible outcome for you.

If you have been charged with any Scottsdale assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Scottsdale Assault Laws" »

15 Defenses

How to Beat Your Gilbert Disorderly Conduct Charges

If you face Gilbert Disorderly Conduct charges you should contact a Gilbert Disorderly Conduct attorney or Arizona Criminal Defense Attorney who frequently defends clients against Gilbert Disorderly Conduct Charges.

"Disorderly conduct" also known as "disturbing the peace" is a Gilbert Arizona criminal charge. Many Arizona Criminal Attorneys feel it is an abused or overused charge. Police often used as a "catch all" charge, generally, if they can't find a specific offense to charge you with, or if they are annoyed with you for some reason. It is also commonly issued in conjunction with other charges such as assault, DUI, domestic violence, endangerment, many other offenses. Because it is a charge that is subjective in nature, it can fundamentally be challenged by a good Criminal Defense Attorney who defends charges in Gilbert Arizona on a regular basis.

Some actions that may cause the police to charge you with disorderly conduct in Arizona can include but is not limited to the following:

• Speech that others consider offensive
• Loud Music
• Disruptive parties or celebrations
• Physical violence or assault
• Fighting or combat with another person
• Other "unreasonable noise disturbing others
• Shouting or using profanity in public
• Provoking an altercation
• Behavior interferes or disrupts a business or it's customers
• Refusal to depart from a scene or location, where you were asked to leave by an officials such as firefighters, police, or emergency crews
• Recklessly displaying or waving a firearm
• Disrespectful, or disobedient to a Police Officer, or other Law enforcement official.

The formal description of Disorderly Conduct is found in Arizona Criminal Code 13 A.R.S. 13-2904. Disorderly conduct; classification"

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry upwards of 6 months in prison and fines of $2,500. If the Gilbert Disorderly conduct charges involve firearm, they will be charges as a class 6 felony charges. If the disorderly conduct offense is charged as a felony, it carries maximum penalties that include one year in prison, a felony criminal record, counseling, loss of right to bear firearms, probation, and other fees. The severity of the penalty depends on the circumstances of situation, whether or not a weapon was involved, if it was a repeat offense, and other factors.

Gilbert Disorderly Conduct Defenses used by Criminal Defense Lawyers

An experienced Gilbert Disorderly Conduct Attorney with gather, and examine all evidence. They will build and mount the best defense case that will challenge the prosecutions case against you. The State and Prosecution bear the burden of proof that your charges were justified and a crimes was committed. Your Gilbert Criminal Defense Attorney will determine if your constitutional rights were violated, evaluate for probable cause, and the justifiability of your actions. Your Gilbert criminal defense attorney will a defense your case based on these factors.

Here are 15 defenses that can be used to beat Gilbert Disorderly Conduct charges.

This list is not exhaustive:
1) Protecting someone
2) Wrong person charged for the disturbance
3) No witnesses, evidence, proof, no video, no recording, no other reports from the public regarding disorderly behavior on your part.
4) You felt provoked, threatened or intimidated
5) Your actions were necessary and appropriate for the circumstances
6) Police brutality
7) The police officer simply did not like you, or overreacted with no other charges
8) Your responses were constitutionally protected in the right to "free speech". You were not using so inappropriate language, provocation, voice tone, or threats of physical violence or retaliation.
9) The police accused you of having "an attitude". However, the officer, was not familiar with your typical attitude, or behavior under normal circumstances.
10) Self-defense (home, property, family or self)
11) Violation of Your Constitutional Rights.
12) Objective and credible witness statements contradict the police officers statements in absence of evidence.
13) The police officer's personnel record and disciplinary history and actions in similar circumstances.
14) Another entity started an unprovoked fight against you
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification"

It is important to contact a disorderly conduct attorney who practices in Gilbert Arizona, if you face such charges. An experienced disorderly conduct attorney or good Gilbert criminal attorney often can get these cases dismissed, given the subjective nature of the charges.

If you have been charged with any Gilbert Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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